NRS 295.009 Requirements
for petition: Must embrace one subject; must include description.

NRS 295.012 Requirements
for petition: Number of voters proposing must be apportioned equally among
petition districts and number of signatures required from each petition district
must be equal.

NRS 295.015 Copy
of petition to be filed with Secretary of State before presentation to voters
for signatures and after any amendment; effect of amendment on petition;
determination of fiscal effect; Legislative Counsel authorized to provide
technical suggestions; posting on Secretary of State’s Internet website.

NRS 295.035 Petition
for initiative proposing amendment to Constitution: Secretary of State to use
same number for identification of petition when submitted at successive
elections.

NRS 295.045 Petition
for referendum: Filing; submission to voters at general election.

NRS 295.055 Regulations
specifying format of petition; each document of petition limited to voters of
single petition district; removal of name from petition.

NRS 295.056 Requirements
for submission of signatures to county clerk.

NRS 295.0575 Petition
may consist of more than one document; circulator’s affidavit.

NRS 295.0585 County
clerk required to make copies of petition and signatures; copies to be made
available to public.

NRS 295.061 Challenge
to description of petition; challenge to legal sufficiency of petition.

NRS 295.121 Appointment
of committees to prepare arguments advocating and opposing approval of ballot
questions; duties of committees; regulations; preparation of arguments by
county clerk if board fails to appoint committee; review of arguments;
placement of arguments in sample ballots.

NRS 295.009Requirements for petition: Must embrace one subject; must
include description.

1. Each petition for initiative or
referendum must:

(a) Embrace but one subject and matters
necessarily connected therewith and pertaining thereto; and

(b) Set forth, in not more than 200 words, a
description of the effect of the initiative or referendum if the initiative or
referendum is approved by the voters. The description must appear on each
signature page of the petition.

2. For the purposes of paragraph (a) of
subsection 1, a petition for initiative or referendum embraces but one subject
and matters necessarily connected therewith and pertaining thereto, if the
parts of the proposed initiative or referendum are functionally related and
germane to each other in a way that provides sufficient notice of the general
subject of, and of the interests likely to be affected by, the proposed
initiative or referendum.

NRS 295.012Requirements for petition: Number of voters proposing must be
apportioned equally among petition districts and number of signatures required
from each petition district must be equal.The
number of registered voters required pursuant to Section 1 or 2 of Article 19 of the Nevada Constitution to
propose a petition for initiative or referendum must be apportioned equally
among the petition districts, and the number of signatures required from each
petition district must be equal.

NRS 295.015Copy of petition to be filed with Secretary of State before
presentation to voters for signatures and after any amendment; effect of
amendment on petition; determination of fiscal effect; Legislative Counsel
authorized to provide technical suggestions; posting on Secretary of State’s
Internet website.

1. Before a petition for initiative or
referendum may be presented to the registered voters for their signatures, a
copy of the petition for initiative or referendum, including the description
required pursuant to NRS 295.009, must be placed on
file with the Secretary of State.

2. If a petition for initiative or
referendum or a description of the effect of an initiative or referendum
required pursuant to NRS 295.009 is amended after
the petition is placed on file with the Secretary of State pursuant to
subsection 1:

(a) The revised petition must be placed on file
with the Secretary of State before it is presented to the registered voters for
their signatures;

(b) Any signatures that were collected on the
original petition before it was amended are not valid; and

(c) The requirements for submission of the
petition to each county clerk set forth in NRS 295.056
apply to the revised petition.

3. Upon receipt of a petition for
initiative or referendum placed on file pursuant to subsection 1 or 2:

(a) The Secretary of State shall consult with the
Fiscal Analysis Division of the Legislative Counsel Bureau to determine if the
initiative or referendum may have any anticipated financial effect on the State
or local governments if the initiative or referendum is approved by the voters.
If the Fiscal Analysis Division determines that the initiative or referendum
may have an anticipated financial effect on the State or local governments if
the initiative or referendum is approved by the voters, the Division must prepare
a fiscal note that includes an explanation of any such effect.

(b) The Secretary of State shall consult with the
Legislative Counsel regarding the petition for initiative or referendum. The
Legislative Counsel may provide technical suggestions regarding the petition
for initiative or referendum.

4. Not later than 10 business days after
the Secretary of State receives a petition for initiative or referendum filed
pursuant to subsection 1 or 2, the Secretary of State shall post a copy of the
petition, including the description required pursuant to NRS
295.009, any fiscal note prepared pursuant to subsection 3 and any
suggestions made by the Legislative Counsel pursuant to subsection 3, on the
Secretary of State’s Internet website.

NRS 295.035Petition for initiative proposing amendment to Constitution:
Secretary of State to use same number for identification of petition when
submitted at successive elections.If
the initiative petition proposes an amendment to the Constitution, in
resubmitting the initiative to the voters, the Secretary of State shall use the
same identifying number or other identification used for the first submission.

NRS 295.045Petition for referendum: Filing; submission to voters at general
election.

1. A petition for referendum must be filed
with the Secretary of State not less than 120 days before the date of the next
succeeding general election.

2. The Secretary of State shall certify
the questions to the county clerks, and they shall publish them in accordance
with the provisions of law requiring county clerks to publish questions and
proposed constitutional amendments which are to be submitted for popular vote.

3. The title of the statute or resolution
must be set out on the ballot, and the question printed upon the ballot for the
information of the voters must be as follows: “Shall the statute (setting out
its title) be approved?”

4. Where a mechanical voting system is
used, the title of the statute must appear on the list of offices and
candidates and the statements of measures to be voted on and may be condensed
to no more than 25 words.

5. The votes cast upon the question must
be counted and canvassed as the votes for state officers are counted and
canvassed.

NRS 295.055Regulations specifying format of petition; each document of
petition limited to voters of single petition district; removal of name from
petition.

1. The Secretary of State shall by
regulation specify:

(a) The format for the signatures on a petition
for an initiative or referendum and make free specimens of the format available
upon request. The regulations must ensure that the format includes, without
limitation, that:

(1) In addition to signing the petition, a
person who signs a petition:

(I) Shall print the person’s given
name followed by the person’s surname on the petition before the person’s
signature; and

(II) Must indicate the petition
district in which the person resides, if known.

(2) Each signature must be dated.

(b) The manner of fastening together several
sheets circulated by one person to constitute a single document.

2. The registered voter may consult the
list of the registered voters in this State posted on the website maintained by
the Secretary of State pursuant to subsection 1 of NRS 293.4687 to determine the petition district
in which the registered voter resides. The registered voter may rely on the
information contained in the list when the registered voter indicates the
appropriate petition district, unless the registered voter believes that the
information is inaccurate.

3. Each document of the petition must bear
the name of a petition district, and only registered voters of that petition
district may sign the document.

4. A person who signs a petition may
request that the county clerk remove the person’s name from the petition by
transmitting a request in writing to the county clerk at any time before the
petition is filed with the county clerk.

1. Before a petition for initiative or
referendum is filed with the Secretary of State, the petitioners must submit to
each county clerk for verification pursuant to NRS 293.1276 to 293.1279, inclusive, the document or
documents which were circulated for signature within the clerk’s county. The
clerks shall give the person submitting a document or documents a receipt
stating the number of documents and pages and the person’s statement of the
number of signatures contained therein.

2. If a petition for initiative proposes a
statute or an amendment to a statute, the document or documents must be
submitted not later than the second Tuesday in November of an even-numbered
year.

3. If a petition for initiative proposes
an amendment to the Constitution, the document or documents must be submitted
not later than the third Tuesday in June of an even-numbered year.

4. If the petition is for referendum, the
document or documents must be submitted not later than the third Tuesday in
June of an even-numbered year.

5. All documents which are submitted to a
county clerk for verification must be submitted at the same time. If documents
concerning the same petition are submitted for verification to more than one
county clerk, the documents must be submitted to each county clerk on the same
day. At the time that the petition is submitted to a county clerk for
verification, the petitioners may designate a contact person who is authorized
by the petitioners to address questions or issues relating to the petition.

NRS 295.0575Petition may consist of more than one document; circulator’s
affidavit.A petition for a
constitutional amendment or a petition for a statewide measure proposed by an
initiative or referendum may consist of more than one document. Each document
of a petition must have attached to it when submitted an affidavit executed by
the circulator thereof stating:

1. That the circulator personally
circulated the document.

2. The contact information of the
circulator, including, without limitation, the street address of the residence
where the circulator actually resides, unless a street address has not been
assigned. If a street address has not been assigned, the document must contain
the mailing address of the circulator.

3. That the circulator is 18 years of age
or older.

4. The number of signatures thereon.

5. That all the signatures were affixed in
the circulator’s presence.

6. That each signer had an opportunity
before signing to read the full text of the act or resolution on which the
initiative or referendum is demanded.

NRS 295.0585County clerk required to make copies of petition and signatures;
copies to be made available to public.After
a petition for a constitutional amendment or a petition for a statewide measure
proposed by an initiative or referendum is submitted for signature verification
to the county clerk, the county clerk shall make true and correct copies of all
the documents of the petition and signatures thereon and shall make such copies
and signatures available to the public for a period of not less than 14 days.

NRS 295.061Challenge to description of petition; challenge to legal
sufficiency of petition.

1. Except as otherwise provided in
subsection 3, whether an initiative or referendum embraces but one subject and
matters necessarily connected therewith and pertaining thereto, and the description
of the effect of an initiative or referendum required pursuant to NRS 295.009, may be challenged by filing a complaint
in the First Judicial District Court not later than 15 days, Saturdays, Sundays
and holidays excluded, after a copy of the petition is placed on file with the
Secretary of State pursuant to NRS 295.015. All
affidavits and documents in support of the challenge must be filed with the
complaint. The court shall set the matter for hearing not later than 15 days
after the complaint is filed and shall give priority to such a complaint over
all other matters pending with the court, except for criminal proceedings.

2. The legal sufficiency of a petition for
initiative or referendum may be challenged by filing a complaint in district
court not later than 7 days, Saturdays, Sundays and holidays excluded, after
the petition is certified as sufficient by the Secretary of State. All
affidavits and documents in support of the challenge must be filed with the
complaint. The court shall set the matter for hearing not later than 15 days
after the complaint is filed and shall give priority to such a complaint over
all other matters pending with the court, except for criminal proceedings.

3. If a description of the effect of an
initiative or referendum required pursuant to NRS
295.009 is challenged successfully pursuant to subsection 1 and such
description is amended in compliance with the order of the court, the amended
description may not be challenged.

1. Any five registered voters of the
county may commence initiative or referendum proceedings by filing with the
county clerk an affidavit stating they will constitute the petitioners’
committee and be responsible for circulating the petition and filing it in
proper form, stating their names and addresses and specifying the address to
which all notices to the committee are to be sent, and setting out in full the
proposed initiative ordinance or citing the ordinance sought to be
reconsidered.

2. Initiative petitions must be signed by
a number of registered voters of the county equal to 15 percent or more of the
number of voters who voted at the last preceding general election in the
county.

3. Referendum petitions must be signed by
a number of registered voters of the county equal to 10 percent or more of the
number of voters who voted at the last preceding general election in the
county.

4. Upon receipt of a petition for
initiative or referendum placed on file pursuant to subsection 1, the county
clerk shall consult with the board to determine if the initiative or referendum
may have any anticipated financial effect on the local government if the
initiative or referendum is approved by the voters. If the board determines
that the initiative or referendum may have an anticipated financial effect on
the local government if the initiative or referendum is approved by the voters,
the board must prepare a description of the anticipated financial effect and
the county clerk shall post a copy of this information on the county clerk’s
Internet website, if the county clerk maintains one.

5. A petition must be submitted to the
county clerk for verification, pursuant to NRS 295.250
to 295.290, inclusive, not later than:

(a) One hundred and eighty days after the date
that the affidavit required by subsection 1 is filed with the county clerk; or

(b) One hundred and thirty days before the
election,

Ę whichever is
earlier.

6. A petition may consist of more than one
document, but all documents of a petition must be uniform in size and style,
numbered and assembled as one instrument for submission. Each signature must be
executed in ink or indelible pencil, be preceded by the printed given name
followed by the surname of the person signing and be followed by the address of
the person signing and the date on which the person signed the petition. All
signatures on a petition must be obtained within the period specified in
subsection 5. Each document must contain, or have attached thereto throughout
its circulation, the full text of the ordinance proposed or sought to be
reconsidered.

7. Each document of a petition must have
attached to it when submitted an affidavit executed by the circulator thereof
stating:

(a) That the circulator personally circulated the
document;

(b) The number of signatures thereon;

(c) That all the signatures were affixed in the
circulator’s presence; and

(d) That each signer had an opportunity before
signing to read the full text of the ordinance proposed or sought to be
reconsidered.

8. The county clerk shall issue a receipt
to any person who submits a petition pursuant to this section. The receipt must
set forth the number of:

NRS 295.105Certification of sufficiency of petition; review of
certification.

1. Within 20 days after the petition is
submitted to the county clerk pursuant to NRS 295.095,
the county clerk shall complete a certificate as to its sufficiency.

2. If a petition is certified sufficient,
or if a petition is certified insufficient and the petitioners’ committee does
not elect to request board review under subsection 3 within the time required,
the county clerk shall promptly present his or her certificate to the board and
the certificate is a final determination as to the sufficiency of the petition.

3. If a petition has been certified
insufficient, the committee may, within 2 days after receiving a copy of the
certificate, file a request that it be reviewed by the board. The board shall
review the certificate at its next meeting following the filing of the request
and approve or disapprove it, and the determination of the board is a final determination
as to the sufficiency of the petition.

4. A final determination as to the
sufficiency of a petition is subject to judicial review. If the final
determination is challenged by filing a complaint in district court, the court
shall set the matter for hearing not later than 3 days after the complaint is
filed and shall give priority to such a complaint over all other matters
pending with the court, except for criminal proceedings. A final determination
of insufficiency, even if sustained upon judicial review, does not prejudice
the filing of a new petition for the same purpose.

1. When an initiative or referendum
petition has been finally determined sufficient, the board shall promptly
consider the proposed initiative ordinance in the manner provided by law for
the consideration of ordinances generally or reconsider the referred ordinance
by voting its repeal. If, within 30 days after the date the petition was
finally determined sufficient, the board fails to adopt the proposed initiative
ordinance without any change in substance or fails to repeal the referred
ordinance, the board shall submit the proposed or referred ordinance to the
registered voters of the county.

2. The vote of the county on the proposed
or referred ordinance must be held at the next general election. Copies of the
proposed or referred ordinance must be made available at the polls.

3. An initiative or referendum petition
may be withdrawn at any time before the 30th day preceding the day scheduled
for a vote of the county or the deadline for placing questions on the ballot,
whichever is earlier, by filing with the county clerk a request for withdrawal
signed by at least four members of the petitioners’ original committee. Upon
the filing of that request, the petition has no further effect and all
proceedings thereon must be terminated.

NRS 295.121Appointment of committees to prepare arguments advocating and
opposing approval of ballot questions; duties of committees; regulations;
preparation of arguments by county clerk if board fails to appoint committee;
review of arguments; placement of arguments in sample ballots.

1. For each initiative, referendum,
advisory question or other question to be placed on the ballot by:

(b) The governing body of a school district,
public library or water district authorized by law to submit questions to some
or all of the qualified electors or registered voters of the county; or

(c) A metropolitan police committee on fiscal
affairs authorized by law to submit questions to some or all of the qualified
electors or registered voters of the county,

Ę the board
shall, in consultation with the county clerk pursuant to subsection 5, appoint
two committees. Except as otherwise provided in subsection 2, one committee
must be composed of three persons who favor approval by the voters of the
initiative, referendum or other question and the other committee must be
composed of three persons who oppose approval by the voters of the initiative,
referendum or other question.

2. If, after consulting with the county
clerk pursuant to subsection 5, the board is unable to appoint three persons
who are willing to serve on a committee, the board may appoint fewer than three
persons to that committee, but the board must appoint at least one person to
each committee appointed pursuant to this section.

3. With respect to a committee appointed
pursuant to this section:

(a) A person may not serve simultaneously on the
committee that favors approval by the voters of an initiative, referendum or
other question and the committee that opposes approval by the voters of that
initiative, referendum or other question.

(b) Members of the committee serve without
compensation.

(c) The term of office for each member commences
upon appointment and expires upon the publication of the sample ballot
containing the initiative, referendum or other question.

4. The county clerk may establish and
maintain a list of the persons who have expressed an interest in serving on a
committee appointed pursuant to this section. The county clerk, after
exercising due diligence to locate persons who favor approval by the voters of
an initiative, referendum or other question to be placed on the ballot or who
oppose approval by the voters of an initiative, referendum or other question to
be placed on the ballot, may use the names on a list established pursuant to
this subsection to:

(a) Make recommendations pursuant to subsection
5; and

(b) Appoint members to a committee pursuant to
subsection 6.

5. Before the board appoints a committee
pursuant to this section, the county clerk shall:

(a) Recommend to the board persons to be appointed
to the committee; and

(b) Consider recommending pursuant to paragraph
(a):

(1) Any person who has expressed an
interest in serving on the committee; and

(2) A person who is a member of an
organization that has expressed an interest in having a member of the
organization serve on the committee.

6. If the board fails to appoint a
committee as required pursuant to this section, the county clerk shall, in
consultation with the district attorney, prepare an argument advocating
approval by the voters of the initiative, referendum or other question and an
argument opposing approval by the voters of the initiative, referendum or other
question. Each argument prepared by the county clerk must satisfy the
requirements of paragraph (f) of subsection 7 and any rules or regulations
adopted by the county clerk pursuant to subsection 8. The county clerk shall
not prepare the rebuttal of the arguments required pursuant to paragraph (e) of
subsection 7.

7. A committee appointed pursuant to this
section:

(a) Shall elect a chair for the committee;

(b) Shall meet and conduct its affairs as
necessary to fulfill the requirements of this section;

(c) May seek and consider comments from the
general public;

(d) Shall prepare an argument either advocating
or opposing approval by the voters of the initiative, referendum or other
question, based on whether the members were appointed to advocate or oppose
approval by the voters of the initiative, referendum or other question;

(e) Shall prepare a rebuttal to the argument
prepared by the other committee appointed pursuant to this section;

(f) Shall address in the argument and rebuttal
prepared pursuant to paragraphs (d) and (e):

(1) The anticipated financial effect of
the initiative, referendum or other question;

(2) The environmental impact of the
initiative, referendum or other question; and

(3) The impact of the initiative,
referendum or other question on the public health, safety and welfare; and

(g) Shall submit the argument and rebuttal
prepared pursuant to paragraphs (d), (e) and (f) to the county clerk not later
than the date prescribed by the county clerk pursuant to subsection 8.

8. The county clerk shall provide, by rule
or regulation:

(a) The maximum permissible length of an argument
or rebuttal prepared pursuant to this section; and

(b) The date by which an argument or rebuttal
prepared pursuant to this section must be submitted by the committee to the
county clerk.

9. Upon receipt of an argument or rebuttal
prepared pursuant to this section, the county clerk:

(a) May consult with persons who are generally
recognized by a national or statewide organization as having expertise in the
field or area to which the initiative, referendum or other question pertains;
and

(b) Shall reject each statement in the argument
or rebuttal that the county clerk believes is libelous or factually inaccurate.

Ę The decision
of the county clerk to reject a statement pursuant to this subsection is a
final decision for purposes of judicial review. Not later than 5 days after the
county clerk rejects a statement pursuant to this subsection, the committee may
appeal that rejection by filing a complaint in district court. The court shall
set the matter for hearing not later than 3 days after the complaint is filed
and shall give priority to such a complaint over all other matters pending with
the court, except for criminal proceedings.

10. The county clerk shall place in the
sample ballot provided to the registered voters of the county each argument and
rebuttal prepared pursuant to this section, containing all statements that were
not rejected pursuant to subsection 9. The county clerk may revise the language
submitted by the committee so that it is clear, concise and suitable for
incorporation in the sample ballot, but shall not alter the meaning or effect
without the consent of the committee.

11. Except as otherwise provided in this
subsection, if a question is to be placed on the ballot by an entity described
in paragraph (b) or (c) of subsection 1, the entity must provide a copy and
explanation of the question to the county clerk at least 30 days earlier than
the date required for the submission of such documents pursuant to subsection 1
of NRS 293.481. This subsection does
not apply to a question if the date that the question must be submitted to the
county clerk is governed by subsection 3 of NRS
293.481.

12. The provisions of chapter 241 of NRS do not apply to any
consultations, deliberations, hearings or meetings conducted pursuant to this
section.

1. If a majority of the registered voters
voting on a proposed initiative ordinance vote in its favor, it shall be
considered adopted upon certification of the election results and shall be
treated in all respects in the same manner as ordinances of the same kind
adopted by the council. If conflicting ordinances are approved at the same
election, the one receiving the greatest number of affirmative votes shall
prevail to the extent of such conflict.

2. If a majority of the registered voters
voting on a referred ordinance vote against it, it shall be considered repealed
upon certification of the election results.

(Added to NRS by 1967, 382)

COUNTY REFERENDUM CONCERNING SPECIFIC LEGISLATIVE ACTS OR
RESOLUTIONS

NRS 295.140Petition for referendum: Form and requirements; circulator’s
affidavit; receipt issued by clerk; certification of sufficiency; review of
certification.

1. Whenever 10 percent or more of the
registered voters of any county of this State, as shown by the number of
registered voters who voted at the last preceding general election, express
their wish that any act or resolution enacted by the Legislature, and
pertaining to that county only, be submitted to the vote of the people, they shall
submit to the county clerk a petition, which must contain the names and
residence addresses of at least 10 percent of the registered voters of that
county, demanding that a referendum vote be had by the people of the county at
the next general election upon the act or resolution on which the referendum is
demanded.

2. A petition must be submitted to the
county clerk for verification, pursuant to NRS 295.250
to 295.290, inclusive, not later than 130 days
before the time set for the next succeeding general election.

3. A petition may consist of more than one
document, but all documents of a petition must be uniform in size and style,
numbered and assembled as one instrument for submission. Each signature must be
executed in ink or indelible pencil, be preceded by the printed given name
followed by the surname of the person signing and be followed by the address of
the person signing and the date on which the person signed the petition. Each
document must contain, or have attached thereto throughout its circulation, the
full text of the act or resolution on which the referendum is demanded.

4. Each document of a petition must have
attached to it when submitted an affidavit executed by the circulator thereof
stating:

(a) That the circulator personally circulated the
document;

(b) The number of signatures thereon;

(c) That all the signatures were affixed in the
circulator’s presence;

(d) That the circulator believes them to be
genuine signatures of the persons whose names they purport to be; and

(e) That each signer had an opportunity before
signing to read the full text of the act or resolution on which the referendum
is demanded.

5. The county clerk shall issue a receipt
to any person who submits a petition pursuant to this section. The receipt must
set forth the number of:

(a) Documents included in the petition;

(b) Pages in each document; and

(c) Signatures that the person declares are
included in the petition.

6. Within 20 days after a petition is
submitted, the county clerk shall complete a certificate as to its sufficiency.
Unless a request for review is filed pursuant to subsection 7, the certificate
is a final determination as to the sufficiency of the petition.

7. If a petition is certified
insufficient, the person who submitted the petition may, within 2 days after
receiving a copy of the certificate, file a request that it be reviewed by the
board of county commissioners. The board shall review the certificate at its
next meeting following the filing of the request and approve or disapprove it,
and the determination of the board is a final determination as to the sufficiency
of the petition.

8. A final determination as to the
sufficiency of a petition is subject to judicial review. If the final
determination is challenged by filing a complaint in district court, the court
shall set the matter for hearing not later than 3 days after the complaint is
filed and shall give priority to such a complaint over all other matters
pending with the court, except for criminal proceedings. A final determination
of insufficiency, even if sustained upon judicial review, does not prejudice
the filing of a new petition for the same purpose.

NRS 295.150Names of registered voters may be contained in more than one
petition; verification of petition.

1. The names of the registered voters
petitioning need not be all upon one petition, but may be contained on one or
more petitions; but each petition shall be verified by at least one of the
voters who has signed such petition.

2. The voter making the verification shall
swear, on information and belief, that the persons signing the petition are
registered voters of the county and state, and that such signatures are genuine
and were executed in his or her presence.

(Added to NRS by 1960, 280)

NRS 295.160Submission of question to people; publication.

1. If the petition is determined to be
sufficient, the county clerk shall, at the next general election, submit the
act or resolution, by appropriate questions on the ballot, for the approval or
disapproval of the people of that county.

2. The county clerk shall publish those
questions in accordance with the provisions of law requiring county clerks to
publish questions and proposed constitutional amendments which are to be
submitted for popular vote.

1. The subject matter of such questions
must be stated concisely on the ballot, and the question printed upon the ballot
for the information of the voter must be as follows: “Shall the act (setting
out the title thereof) be approved?”

2. Where a mechanical voting system is
used, the title of the act must appear on the list of offices and candidates
and the statements of measures to be voted on and may be condensed by the
district attorney to 20 words.

3. The district attorney shall prepare an
explanation of each such question, which must be placed on the ballot or the
list of offices and candidates and the statements of measures to be voted on,
or posted in the polling place.

4. The votes cast upon such question must
be counted and canvassed as the votes for county officers are counted and
canvassed.

NRS 295.180Effect of approval or disapproval of majority of registered
voters.

1. When a majority of the registered
voters of the county voting upon the question submitted, by their vote, approve
the act or resolution, it is the law of the State, and may not be repealed,
overruled, annulled, set aside or in any way made inoperative, except by a
direct vote of the registered voters of that county.

2. When a majority of the registered
voters of that county voting upon the question submitted disapproves, the act
or resolution is void.

NRS 295.200Registered voters’ power of initiative and referendum concerning
city ordinances.The registered
voters of a city may:

1. Propose ordinances to the council and,
if the council fails to adopt an ordinance so proposed without change in
substance, adopt or reject it at the next general city election or general
election.

2. Require reconsideration by the council of
any adopted ordinance and, if the council fails to repeal an ordinance so
reconsidered, approve or reject it at the next general city election or general
election.

1. Any five registered voters of the city
may commence initiative or referendum proceedings by filing with the city clerk
an affidavit:

(a) Stating they will constitute the petitioners’
committee and be responsible for circulating the petition and filing it in
proper form;

(b) Stating their names and addresses;

(c) Specifying the address to which all notices
to the committee are to be sent; and

(d) Setting out in full the proposed initiative
ordinance or citing the ordinance sought to be reconsidered.

2. Initiative petitions must be signed by
a number of registered voters of the city equal to 15 percent or more of the
number of voters who voted at the last preceding city election.

3. Referendum petitions must be signed by
a number of registered voters of the city equal to 10 percent or more of the
number of voters who voted at the last preceding city election.

4. Upon receipt of a petition for
initiative or referendum placed on file pursuant to subsection 1, the city
clerk shall consult with the council to determine if the initiative or
referendum may have any anticipated financial effect on the local government if
the initiative or referendum is approved by the voters. If the council
determines that the initiative or referendum may have an anticipated financial
effect on the local government if the initiative or referendum is approved by
the voters, the council must prepare a description of the anticipated financial
effect and the city clerk shall post a copy of this information on the city
clerk’s Internet website, if the city clerk maintains one.

5. A petition must be submitted to the
city clerk for verification, pursuant to NRS 295.250
to 295.290, inclusive, not later than:

(a) One hundred and eighty days after the date
that the affidavit required by subsection 1 is filed with the city clerk; or

(b) One hundred and thirty days before the
election,

Ę whichever is
earlier.

6. A petition may consist of more than one
document, but all documents of a petition must be uniform in size and style,
numbered and assembled as one instrument for submission. Each signature must be
executed in ink or indelible pencil, be preceded by the printed given name
followed by the surname of the person signing and be followed by the address of
the person signing and the date on which the person signed the petition. All
signatures on a petition must be obtained within the period specified in
subsection 5. Each document must contain, or have attached thereto throughout
its circulation, the full text of the ordinance proposed or sought to be
reconsidered.

7. Each document of a petition must have
attached to it when submitted an affidavit executed by the circulator thereof
stating:

(a) That the circulator personally circulated the
document;

(b) The number of signatures thereon;

(c) That all the signatures were affixed in the
circulator’s presence;

(d) That each signer had an opportunity before
signing to read the full text of the ordinance proposed or sought to be
reconsidered.

8. The city clerk shall issue a receipt to
any person who submits a petition pursuant to this section. The receipt must
set forth the number of:

NRS 295.210Certification of sufficiency of petition; review of
certification.

1. Within 20 days after the petition is
submitted to the city clerk pursuant to NRS 295.205,
the city clerk shall complete a certificate as to its sufficiency.

2. If a petition is certified sufficient,
or if a petition is certified insufficient and the petitioners’ committee does
not elect to request council review under subsection 3 within the time
required, the city clerk must promptly present the city clerk’s certificate to
the council and the certificate is a final determination as to the sufficiency
of the petition.

3. If a petition has been certified
insufficient, the committee may, within 2 days after receiving the copy of the
certificate, file a request that it be reviewed by the council. The council
shall review the certificate at its next meeting following the filing of the
request and approve or disapprove it, and the council’s determination is a
final determination as to the sufficiency of the petition.

4. A final determination as to the
sufficiency of a petition is subject to judicial review. If the final
determination is challenged by filing a complaint in district court, the court
shall set the matter for hearing not later than 3 days after the complaint is
filed and shall give priority to such a complaint over all other matters
pending with the court, except for criminal proceedings. A final determination
of insufficiency, even if sustained upon judicial review, does not prejudice
the filing of a new petition for the same purpose.

1. When an initiative or referendum
petition has been finally determined sufficient, the council shall promptly
consider the proposed initiative ordinance in the manner provided by law for
the consideration of ordinances generally or reconsider the referred ordinance
by voting its repeal. If, within 30 days after the date the petition was
finally determined sufficient, the council fails to adopt the proposed
initiative ordinance without any change in substance or fails to repeal the
referred ordinance, the council shall submit the proposed or referred ordinance
to the registered voters of the city.

2. The vote of the city on the proposed or
referred ordinance must be held at the next general city election or general
election. Copies of the proposed or referred ordinance must be made available
at the polls.

3. An initiative or referendum petition
may be withdrawn at any time before the 30th day preceding the day scheduled
for a vote of the city or the deadline for placing questions on the ballot,
whichever is earlier, by filing with the city clerk a request for withdrawal
signed by at least four members of the petitioners’ original committee. Upon
the filing of that request, the petition has no further effect and all
proceedings thereon must be terminated.

NRS 295.217Appointment of committees to prepare arguments advocating and
opposing approval of ballot questions; duties of committees; regulations;
preparation of arguments by city clerk if governing body fails to appoint
committee; review of arguments; placement of arguments in sample ballots.

1. For each initiative, referendum,
advisory question or other question to be placed on the ballot by the:

(b) Governing body of a public library or water
district authorized by law to submit questions to some or all of the qualified
electors or registered voters of the city,

Ę the council
shall, in consultation pursuant to subsection 5 with the city clerk or other
city officer authorized to perform the duties of the city clerk, appoint two
committees. Except as otherwise provided in subsection 2, one committee must be
composed of three persons who favor approval by the voters of the initiative,
referendum or other question and the other committee must be composed of three
persons who oppose approval by the voters of the initiative, referendum or other
question.

2. If, after consulting with the city
clerk pursuant to subsection 5, the council is unable to appoint three persons
willing to serve on a committee, the council may appoint fewer than three
persons to that committee, but the council must appoint at least one person to
each committee appointed pursuant to this section.

3. With respect to a committee appointed
pursuant to this section:

(a) A person may not serve simultaneously on the
committee that favors approval by the voters of an initiative, referendum or
other question and the committee that opposes approval by the voters of that
initiative, referendum or other question.

(b) Members of the committee serve without
compensation.

(c) The term of office for each member commences
upon appointment and expires upon the publication of the sample ballot
containing the initiative, referendum or other question.

4. The city clerk may establish and
maintain a list of the persons who have expressed an interest in serving on a
committee appointed pursuant to this section. The city clerk, after exercising
due diligence to locate persons who favor approval by the voters of an
initiative, referendum or other question to be placed on the ballot or who
oppose approval by the voters of an initiative, referendum or other question to
be placed on the ballot, may use the names on a list established pursuant to
this subsection to:

(a) Make recommendations pursuant to subsection
5; and

(b) Appoint members to a committee pursuant to
subsection 6.

5. Before the council appoints a committee
pursuant to this section, the city clerk shall:

(a) Recommend to the council persons to be
appointed to the committee; and

(b) Consider recommending pursuant to paragraph
(a):

(1) Any person who has expressed an
interest in serving on the committee; and

(2) A person who is a member of an
organization that has expressed an interest in having a member of the
organization serve on the committee.

6. If the council fails to appoint a
committee as required pursuant to this section, the city clerk shall, in
consultation with the city attorney, prepare an argument advocating approval by
the voters of the initiative, referendum or other question and an argument
opposing approval by the voters of the initiative, referendum or other
question. Each argument prepared by the city clerk must satisfy the
requirements of paragraph (f) of subsection 7 and any rules or regulations
adopted by the city clerk pursuant to subsection 8. The city clerk shall not
prepare the rebuttal of the arguments required pursuant to paragraph (e) of
subsection 7.

7. A committee appointed pursuant to this
section:

(a) Shall elect a chair for the committee;

(b) Shall meet and conduct its affairs as
necessary to fulfill the requirements of this section;

(c) May seek and consider comments from the
general public;

(d) Shall prepare an argument either advocating
or opposing approval by the voters of the initiative, referendum or other
question, based on whether the members were appointed to advocate or oppose approval
by the voters of the initiative, referendum or other question;

(e) Shall prepare a rebuttal to the argument
prepared by the other committee appointed pursuant to this section;

(f) Shall address in the argument and rebuttal
prepared pursuant to paragraphs (d) and (e):

(1) The anticipated financial effect of
the initiative, referendum or other question;

(2) The environmental impact of the
initiative, referendum or other question; and

(3) The impact of the initiative,
referendum or other question on the public health, safety and welfare; and

(g) Shall submit the argument and rebuttal
prepared pursuant to paragraphs (d), (e) and (f) to the city clerk not later
than the date prescribed by the city clerk pursuant to subsection 8.

8. The city clerk shall provide, by rule
or regulation:

(a) The maximum permissible length of an argument
or rebuttal prepared pursuant to this section; and

(b) The date by which an argument or rebuttal
prepared pursuant to this section must be submitted by the committee to the
city clerk.

9. Upon receipt of an argument or rebuttal
prepared pursuant to this section, the city clerk:

(a) May consult with persons who are generally
recognized by a national or statewide organization as having expertise in the
field or area to which the initiative, referendum or other question pertains;
and

(b) Shall reject each statement in the argument
or rebuttal that the city clerk believes is libelous or factually inaccurate.

Ę The decision
of the city clerk to reject a statement pursuant to this subsection is a final
decision for purposes of judicial review. Not later than 5 days after the city
clerk rejects a statement pursuant to this subsection, the committee may appeal
that rejection by filing a complaint in district court. The court shall set the
matter for hearing not later than 3 days after the complaint is filed and shall
give priority to such a complaint over all other matters pending with the
court, except for criminal proceedings.

10. The city clerk shall place in the sample
ballot provided to the registered voters of the city each argument and rebuttal
prepared pursuant to this section, containing all statements that were not
rejected pursuant to subsection 9. The city clerk may revise the language
submitted by the committee so that it is clear, concise and suitable for
incorporation in the sample ballot, but shall not alter the meaning or effect
without the consent of the committee.

11. If a question is to be placed on the
ballot by an entity described in paragraph (b) of subsection 1, the entity must
provide a copy and explanation of the question to the city clerk at least 30
days earlier than the date required for the submission of such documents
pursuant to subsection 1 of NRS 293.481.
This subsection does not apply to a question if the date that the question must
be submitted to the city clerk is governed by subsection 3 of NRS 293.481.

1. If a majority of the registered voters
voting on a proposed initiative ordinance vote in its favor, it shall be
considered adopted upon certification of the election results and shall be
treated in all respects in the same manner as ordinances of the same kind
adopted by the council. If conflicting ordinances are approved at the same
election, the one receiving the greatest number of affirmative votes shall
prevail to the extent of such conflict.

2. If a majority of the registered voters
voting on a referred ordinance vote against it, it shall be considered repealed
upon certification of the election results.

1. The governing body of a county or city
may, at any general election or general city election, ask the advice of the
registered voters within its jurisdiction on any question which it has under
consideration. No other political subdivision, public or quasi-public
corporation, or other local agency may ask the advice of the registered voters
within its jurisdiction on any question which it has under consideration.

2. To place an advisory question on the
ballot at a general election or general city election, the governing body of a
county or city must:

(a) Adopt a resolution that:

(1) Sets forth:

(I) The question, in language
indicating clearly that the question is advisory only.

(II) An explanation of the question
that is written in easily understood language and includes a digest. The digest
must include a concise and clear summary of any existing laws related to the measure
proposed by the question and a summary of how the measure proposed by the
question adds to, changes or repeals such existing laws. For a measure that
creates, generates, increases or decreases any public revenue in any form, the
first paragraph of the digest must include a statement that the measure
creates, generates, increases or decreases, as applicable, public revenue.

(III) A description of the
anticipated financial effect on the local government which, if the question is
an advisory question that proposes a bond, tax, fee or expense, must be
prepared by the governing body in accordance with subsection 4.

(2) States that the result of the voting
on the question does not place any legal requirement on the governing body, any
member of the governing body or any officer of the political subdivision.

(b) Comply with the requirements of paragraph (a)
or (d) of subsection 1 of NRS 293.481.

3. A governing body may, at any general election,
ask the advice of the registered voters of part of its territory if:

(a) The advisory question to be submitted affects
only that part of its territory; and

(b) The resolution adopted pursuant to subsection
2 sets forth the boundaries of the area in which the advice of the registered
voters will be asked.

4. With respect to a description of the
anticipated financial effect that is required in connection with an advisory
question:

(a) If, in the advisory question, the governing
body seeks advice on whether bonds should be issued, the description must
include any information that is required by law to be included on the sample
ballot pursuant to the provisions of law that govern the procedure for issuance
of the applicable type of bond.

(b) If, in the advisory question, the governing
body seeks advice on whether a limitation upon revenue from taxes ad valorem
should be exceeded, the description must include any information that is
required by law to be included on the sample ballot pursuant to the provisions
of law that govern the procedure for exceeding that limitation.

(c) If, in the advisory question, the governing
body seeks advice on whether a tax other than a property tax described in
paragraph (b) should be levied, the description must:

(1) Identify the average annual cost that
is expected to be incurred by the affected taxpayers if the tax were to be
levied;

(2) Specify the period over which the tax
is proposed to be levied;

(3) Disclose whether, in connection with
the levy of the tax, revenue bonds are to be sold which will be backed by the
full faith and credit of the assessed value of the applicable local government;
and

(4) If applicable, specify whether, in
connection with or following the levy of the tax, additional expenses are
expected to be incurred to pay for the operation or maintenance of any program
or service to be provided from the proceeds of the tax or to pay for the
operation or maintenance of any building, equipment, facility, machinery,
property, structure, vehicle or other thing of value to be purchased, improved
or repaired with the proceeds of the tax.

(d) If, in the advisory question, the governing
body seeks advice on whether a fee should be imposed, the description must:

(1) Identify the average annual cost that
is expected to be incurred by the affected users if the fee were to be imposed;

(2) Specify the period over which the fee
is proposed to be imposed; and

(3) If applicable, specify whether, in
connection with or following the imposition of the fee, additional expenses are
expected to be incurred to pay for the program or service to be provided from
the proceeds of the fee or to pay for the operation or maintenance of any
building, equipment, facility, machinery, property, structure, vehicle or other
thing of value to be purchased, improved or repaired with the proceeds of the
fee.

(e) If, in the advisory question, the governing
body seeks advice on whether the applicable local government should incur an
expense, the description must:

(1) Identify the source of revenue that
will be used to pay the expense;

(2) Disclose whether it is expected that
the incurring of the expense will require the levy or imposition of a new tax
or fee or the increase of an existing tax or fee; and

(3) If a tax or fee is proposed to be
levied or imposed or increased to pay the expense, contain the information
required pursuant to paragraph (c) or (d), as applicable.

5. On the sample ballot for the general
election or general city election, each advisory question must appear:

(a) With a title in substantially the following
form: “Advisory Ballot Question No. ....”; and

(b) With its explanation, arguments and
description of the anticipated financial effect.

6. The Committee on Local Government
Finance shall prepare sample advisory ballot questions to demonstrate, for each
situation enumerated in paragraphs (a) to (e), inclusive, of subsection 4,
examples of the manner in which descriptions of the anticipated financial
effect should be prepared.

VERIFICATION OF PETITIONS FOR CERTAIN COUNTY AND CITY
BALLOT QUESTIONS

NRS 295.250Determination of total number of signatures.

1. Upon submission of a petition
containing signatures that are required to be verified pursuant to NRS 295.095, 295.140 or 295.205, the county or city clerk shall determine the
total number of signatures on the petition.

2. If the county or city clerk finds that
the total number of signatures on the petition is:

(a) One hundred percent or more of the required
number of signatures of registered voters, the county or city clerk shall
examine the signatures for verification as provided in NRS
295.260.

(b) Less than 100 percent of the required number
of signatures of registered voters:

(1) The petition shall be deemed
insufficient; and

(2) The county or city clerk shall not
examine the signatures for verification as provided in NRS
295.260.

1. If the total number of signatures on
the petition is 500 or less, the county or city clerk shall examine every
signature on the petition for verification.

2. Except as otherwise provided in this
subsection, if the total number of signatures on the petition is more than 500,
the county or city clerk shall examine the signatures only by sampling them at
random for verification. The random sample of signatures to be verified must be
drawn in such a manner that every signature which has been submitted to the
county or city clerk is given an equal opportunity to be included in the
sample. The sample must include an examination of at least 500, or 5 percent,
of the signatures, whichever is greater. If the examination of the random
sample shows that the number of valid signatures is less than 90 percent of the
number of signatures of registered voters needed to certify the petition
sufficient, the petition must be certified insufficient pursuant to subsection
5. If the examination of the random sample shows that the number of valid
signatures is 90 percent or more but less than 100 percent of the number of
signatures of registered voters needed to certify the petition sufficient, the
county or city clerk shall continue to examine the signatures for verification
until he or she has:

(a) Determined that 100 percent of the number of
signatures of registered voters needed to certify the petition sufficient are
valid; or

(b) Examined every signature for verification.

3. In determining from the records of
registration the number of registered voters who have signed the petition, and
in examining the signatures on the petition for verification, the county or
city clerk may use any file or list of registered voters maintained by his or
her office or facsimiles of the signatures of voters. If the county or city
clerk uses the file of applications to register to vote, he or she shall ensure
that every application in the file is examined, including any application in
his or her possession which may not yet be entered into his or her records. The
county or city clerk may rely on the appearance of the signature, and the
address and date included with each signature, in making the determination.
Notwithstanding the provisions of this subsection, a petition must not be
certified insufficient for lack of the required number of valid signatures if,
in the absence of other proof of disqualification, any signature on the face
thereof does not exactly correspond with the signature appearing on the file or
list of registered voters used by the county or city clerk and the identity of
the signer can be ascertained from the face of the petition.

4. If necessary, the board of county
commissioners or the governing body of the city shall allow the county or city
clerk additional assistants for examining the signatures and provide for their
compensation.

5. If, pursuant to the examination of
signatures for verification as required by this section, the number of valid
signatures is:

(a) One hundred percent or more of the number of
signatures of registered voters needed to certify the petition sufficient, the
petition must be certified sufficient.

(b) Less than 100 percent of the number of
signatures of registered voters needed to certify the petition sufficient, the
petition must be certified insufficient.

1. Upon the determination of the
sufficiency or insufficiency of the petition pursuant to NRS
295.250 or 295.260, the county or city clerk
shall:

(a) Attach a certificate to the petition
indicating the date and the sufficiency or insufficiency of the petition;

(b) If the petition is certified insufficient,
specify the deficiencies in the petition that render it insufficient;

(c) If the petition was submitted pursuant to NRS 295.095 or 295.205,
promptly send a copy of the certificate by registered or certified mail to the
petitioners’ committee;

(d) If the petition was submitted pursuant to NRS 295.140, promptly send a copy of the certificate
by registered or certified mail to the person who submitted the petition; and

(e) Retain the petition and the original
certificate at the office of the county or city clerk.

2. The petition shall be deemed filed with
the county or city clerk as of the date of the certificate showing the petition
to be validly signed by the number of registered voters needed to certify the
petition sufficient.

NRS 295.280Handling of petition.After
the submission of the petition to the county or city clerk for verification
pursuant to NRS 295.250 to 295.290,
inclusive, the petition must not be handled by any person other than an
employee of the office of the county or city clerk until the county or city
clerk has attached a certificate to the petition pursuant to NRS 295.270.

NRS 295.290County or city clerk must allow witness of determination and
verification of signatures.The
county or city clerk shall allow the person who submitted the petition or a
member of the petitioners’ committee, if any, to witness:

1. The determination of the total number
of signatures on the petition; and

2. The examination of the signatures on
the petition for verification.

NRS 295.300Giving compensation in exchange for signing petition for
initiative or referendum prohibited.A
person shall not give compensation of any kind to any person in exchange for
signing a petition for initiative or referendum.